Judgment at Guantanamo

By

David B. Rivkin Jr. and

Lee A. Casey

Updated Sept. 9, 2006 12:01 am ET

As it enacts new rules for military commissions, Congress -- as well as the public -- should keep two overriding principles in mind. One: While the jihadists detained at Guantanamo Bay must have due process of law before they can be criminally punished, they are not -- despite a billowing cloud of confused reasoning, misleading testimony and downright propaganda -- entitled, under the U.S. Constitution or relevant international law, to the same level of procedural protections enjoyed by the lawful soldiers of sovereign states. Two: The methods of warfare employed by unlawful combatants in the war on terror fully justify...